Item 4C- Forfeiture FundsCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Forfeiture Funds
SUBMITTED BY: Victor Gualillo, Chief of Police
DATE: March 16, 2017
STRATEGIC PLAN LINK: N/A
BACKGROUND:
Forfeiture funds are money or other valuables seized by the Police Depatiment, generally from drug
cases. Florida State Statute (FSS) 932.7055 (5) (a) and (b) governs the requirements for expending those
funds and requires approval from the governing body. Specifically, it states that the proceeds may not be
used to meet normal operating expenses of the agency. A few of the permissible uses would be training,
memberships and providing additional equipment.
Under the terms of our Justice Assistance Grant for the Crime Suppression Unit (CSU), Program
Generated Income (PGI) is money seized during a CSU investigation. PGI is a specific type of forfeiture
funds. That money has to be put back into the CSU program and has to be approved by the Florida
Depatiment of Law Enforcement (FDLE). There is currently $9015.00 ofPGI which must be expended.
Staff has identified a need for the PGI and other forfeiture funds, which will enhance the effectiveness of
CSU. The need exists for an additional $3,000 in confidential funds. The budgeted funds in this categoty
were significantly cut this year, based on the amount needed the previous year. Often it is impossible to
predict the need for confidential funds, as this is based on the ability to find individuals to work as
confidential informants and purchase drugs, which ultimately leads to arrests or search warrants. In
additional to the confidential funds, $20,000 was budgeted to be expended from forfeiture this year for a
new CSU detective vehicle. An additional $5,000 is needed to purchase the vehicle and outfit it with
interior lights.
The forfeiture statute requires a request to expend the funds be made to the governing body of the
municipality. It also requires a written cetiification that the request complies with the provisions of the
statute.
I do cetiizy that these requests comply with the provisions ofFSS 932.7055 (5) (b).
BUDGET: $8,000 from the forfeiture account. $3,000 will go to confidential funds for investigations.
$5,000 will be added to the already budgeted $20,000 for a CSU Detective vehicle equipped with
emergency lights/siren.
RECOMMENDATIONS: Staff recommends the approval to expend $8,000 of forfeiture funds for
purchases as described above.
ATTACHMENTS: FSS 932.7055
Agenda Item 4C
March 27, 2017
The 2016 Florida Statutes
abuse education and prevention programs, or for other law enforcement purposes, which
include defraying the cost of protracted or complex investigations, providing additional
equipment or expertise, purchasing automated external defibrillators for use in law
enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds
and interest may not be used to meet normal operating expenses of the law enforcement
agency.
(b) These funds may be expended upon request by the sheriff to the board of county
commissioners or by the chief of police to the governing body of the municipality,
accompanied by a written certification that the request complies with the provisions of this
subsection, and only upon appropriation to the sheriff's office or police department by the
board of county commissioners or the governing body of the municipality.
(c) An agency or organization, other than the seizing agency, that wishes to receive such
funds shall apply to the sheriff or chief of police for an appropriation and its application shall
be accompanied by a written certification that the moneys will be used for an authorized
purpose. Such requests for expenditures shall include a statement describing anticipated
recurring costs for the agency for subsequent fiscal years. An agency or organization that
receives money pursuant to this subsection shall provide an accounting for such moneys and
shall furnish the same reports as an agency of the county or municipality that receives public
funds. Such funds may be expended in accordance with the following procedures:
1. Such funds may be used only for school resource officer, crime prevention, safe
neighborhood, drug abuse education , or drug prevention programs or such other law
enforcement purposes as the board of county commissioners or governing body of the
municipality deems appropriate.
2. Such funds shall not be a source of revenue to meet normal operating needs of the law
enforcement agency.
3. Any local law enforcement agency that acquires at least $15,000 pursuant to the Florida
Contraband Forfeiture Act within a fiscal year must expend or donate no less than 25 percent
of such proceeds for the support or operation of any drug treatment, drug abuse education,
drug prevention, crime prevention, safe neighborhood, or school resource officer program or
programs. The local law enforcement agency has the discretion to determine which program or
programs will receive the designated proceeds.
Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention,
safe neighborhood, or school resource officer minimum expenditures or donations, the sheriff
and the board of county commissioners or the chief of police and the governing body of the
municipality may agree to expend or donate such funds over a period of years if the
Agenda Item 4C
March 27, 2017
The 2016 Florida Statutes
expenditure or donation of such minimum amount in any given fiscal year would exceed the
needs of the county or municipality for such program or programs . The minimum requirement
for expenditure or donation of forfeiture proceeds established in this ~subparagraph does not
preclude expenditures or donations in excess of that amount.
(6) If the seizing agency is a state agency, all remaining proceeds shall be deposited into the
General Revenue Fund. However, if the seizing agency is:
(a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of
the Florida Contraband Forfeiture Act shall be deposited into the Forfeiture and Investigative
Support Trust Fund as provided ins. 943.362 or into the department's Federal Law Enforcement
Trust Fund as provided in s. 943.365 , as applicable.
(b) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the
Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust
Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 561.027 , as
applicable.
(c) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to
the Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety
and Motor Vehicles Law Enforcement Trust Fund as provided in s. 932. 705 (1 )(a) or into the
department's Federal Law Enforcement Trust Fund as provided in s. 932. 705 (1 )(b), as applicable.
(d) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the
provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust
Fund as provided in ss. 379 .338 , 379.339 , and 379.3395 or into the Marine Resources Conservation
Trust Fund as provided ins. 379.337 .
(e) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to
the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's
Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and
prosecution of criminals within the judicial circuit.
(f) A school board security agency employing law enforcement officers, the proceeds accrued
pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the
School Board Law Enforcement Trust Fund.
(g) One of the State University System police departments acting within the jurisdiction of its
employing state university, the proceeds accrued pursuant to the provis i ons of the Florida
Contraband Forfeiture Act shall be deposited into that state university's appropriate local account.
(h) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to
the Florida Contraband Forfeiture Act shall be deposited into the General Inspection Trust Fund or
into the department's Federal Law Enforcement Trust Fund as provided in s. 570.205 , as
applicable.
Agenda Item 4C
March 27, 2017
The 2016 Florida Statutes
(i) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing
pursuant to 21 U.S.C. ss. 881(e)(1)(A) and (3), 18 U.S .C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall
be deposited into the Armory Board Trust Fund and used for purposes authorized by such federal
provisions based on the department's budgetary authority or into the department's Federal Law
Enforcement Trust Fund as provided in s. 250.175 , as applicable.
(j) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued
pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the
Department of Legal Affairs Grants and Donations Trust Fund to be used for investigation and
prosecution of Medicaid fraud, abuse , neglect, and other related cases by the Medicaid Fraud
Control Unit.
(k) The Division of Investigative and Forensic Services in the Department of Financial Services ,
the proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the
Insurance Regulatory Trust Fund to be used for the purposes of arson suppression, arson
investigation, and the funding of anti -arson rewards .
(l) The Di vision of Investigative and Forensic Services of the Department of Financial Services,
the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the
Insurance Regulatory Trust Fund as provided in s. 626 .9893 or into the Department of Financial
Services' Federal Law Enforcement Trust Fund as provided ins. 17.43 , as applicable.
(7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the
court having jurisdiction ove r the forfeiture proceedings shall, upon motion, equitably di stribute all
proceeds and other property among the seizing agencies .
(8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property
requiring a title, the appropriate agency shall issue a title certificate to the purchaser. Upon the
request of any law enforcement agency which elects to retain titled property after forfeiture, the
appropriate state agency shall issue a title certificate for such property to said law enforcement
agency .
(9) Neither the law enfor cement agency nor the entity having budgetary control over the law
enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and
approval of the budget for the law enforcement agency.
History.-s. 5, ch. 92-54; s . 2 , ch. 92 -290; s. 21, ch. 94 -265 ; s. 479 , ch. 94-356 ; s. 5, ch. 95 -265 ; s. 72 , ch. 96-321;
s . 41 , ch. 96-418 ; s . 2, ch . 98 -387; s. 3 , ch . 98-389; s. 4 , ch . 98-390 ; s . 5, ch. 98-391; s. 2 , ch. 98-392 ; s. 2 , ch . 98-
393 ; s. 2 , ch . 98-394 ; s. 61 , ch. 99-245; s. 2 , ch. 2000-147; ss. 26 , 79, ch . 2002-402; s. 1923 , ch . 2003-261; s. 37, ch.
2003-399; s. 3, ch . 2004-39 ; s. 38 , ch. 2004-234; s. 16 , ch. 2004-344 ; s. 23, ch . 2005 -3; s. 19, ch . 2005-71; s. 2 , ch .
2005-109 ; s . 5, ch . 2005 -117; s. 11, ch. 2006 -26 ; s . 20 , ch. 2006 -176 ; s. 21 , ch. 2006 -305 ; s. 7 , ch . 2007-1 4; s. 10 , ch.
2007-73 ; s. 10, ch . 2008 -153; s. 207, ch. 2008-247 ; s. 7, ch. 2009-82 ; s. 8 , ch . 2010 -153 ; s. 18 , ch. 2011 -47; s. 31, ch.
Agenda Item 4C
March 27, 2017
The 2016 Florida Statutes
2012-88 ; s. 15, ch. 2012-119; s. 4, ch. 2013-5; s. 12, ch . 2013-41; s. 13 , ch . 2014-43; s. 22, ch. 2014-53; s. 2, ch .
2015-7; s. 35, ch. 2015-222; s. 58, ch. 2016-62; s. 45, ch. 2016-165; s. 4 , ch. 2016-179.
1Note.-Section 58, ch . 2016-62, amended paragraph (4)(d) "[i]n order to implement Specific Appropriations 1219
and 1224 of the 2016-2017 General Appropriations Act."
2Note.-The reference was added in this flush left paragraph by s. 4, ch. 2016-179; the reference may be
intended to be to subparagraph 3.
Agenda Item 4C
March 27, 2017